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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 11, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 24 (LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE, Continued) Nybeck indicated they did install some small fences to try to highlight the channel and the thin ice. The LMCD is also talking about placing some barrels in that area in future years. Nybeck indicated they did discuss placing lights in the area but that they felt the lights might attract people to the place. Nybeck indicated the big thing that is different this year is the lack of snow so people are going into different areas on the lake. Nybeck stated the LMCD is somewhat limited in how to handle bad judgment calls when there are signs posted saying thin ice. PLANNING COMMISSION COMMENTS – JOHN THEISSE, REPRESENTATIVE Theisse stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Ralph Kempf, 3675 Togo Road, stated he would like to correct a statement he had made at the end of the meeting on Navarre regarding bringing Navarre back from the dead. Kempf stated Navarre is actually quite a strong and vital business district and that he wanted to correct himself on the record for saying something that was incorrect. PLANNING DEPARTMENT REPORT 6. #12-3582 COLSON CUSTOM HOMES ON BEHALF OF BWB HOLDINGS, LLC, 4731 NORTH SHORE DRIVE – VARIANCE – RESOLUTION – TABLED Rodney Colson with Colson Custom Homes was present. Curtis stated in 2006, variances were granted for both the subject property and the neighboring property to the east in order to approve a lot line rearrangement and vacation combining three lots into two lots. The developer at the time intended to build two homes for sale following the approvals. One home was constructed. Extenuating circumstances, most notably the decline in the housing market, topped developed. As a result, prior to the certificate of occupancy, both of the properties went into foreclosure and were returned to the bank. In 2010, Bridgewater Bank, the owner at the time, renewed the 2006 approvals in order to resolve the issues with the resolutions, finalize the lot line rearrangement, and sell the properties separately. At this time Colson Custom Homes, the applicant, wishes to construct a home with a nearly identical plan as was originally approved in 2006. This plan requires lot area, lot width, side street setback and bluff setback variances. In 2006, hardcover variances were granted. However, due to the City’s recently revised hardcover regulations, the proposal fits into the allowed 25 percent hardcover for a Tier 1 lot and a hardcover variance is no longer requested. The Planning Commission, at its January meeting, voted to recommend approval of variances allowing a 10-foot side street yard setback from the west, lot width and lot area variances to build a single-family residence on the property. Variances to the bluff setback and the bluff impact zone were also recommended for approval as follows: Item #02 - CC Agenda - 02/25/2013 Approval of Council Minutes 02/11/2013 [Page 11 of 24]